Chairperson of the Refugee Help Desk, Jean-Pierre Lukamba
The Executive Mayor of the City of Johannesburg,
Your Excellency Parks Tay
Representative of the Public Protector
Chairperson of the Commission for Gender Equality, Joyce Piliso-Seroke
Chairperson of the United Nations High Commissioner for Refugees in Southern Africa,
Kimbimbi Sanda
Ladies and gentlemen
Members of the media
I am pleased to be here today on behalf of the South African government to commemorate World Refugee Day, which has become an annual event.The event has greater significance for us this year since the United Nations High Commissioner for Refugees (UNHCR) is commemorating 60 years of existence. The day is even more poignant since, 60 years on, the stem of refugees fleeing social, political, and economic persecution has not diminished, rather it has increased.
South Africa has a long standing association with UNHCR, going back to when the organisation supported our countrymen and women who fled political persecution in South Africa.We are now, not only a signatory to the Refugee Convention of 1951 and its 1967 Protocol but also a member of the Executive Committee of UNHCR and have participated internationally in many UNHCR activities.
Further to this, South Africa is a signatory to many international conventions on the rights of refugees, most significantly the 1951 Geneva Convention and its 1967 Protocol which provides the internationally accepted legal basis for the protection of refugees.
As a member state of the UNHCR and a member of the Executive Committee, the reality that the number of forcibly displaced persons has over the years grown steadily worldwide to 44 million is disconcerting. According to the UNHRC, more than half of the world’s refugees are in Asia and some 20% in Africa. Of these more than 26 million (including 15.2 million refuges and the rest being stateless and internally displaced persons) are directly assisted by UNHCR. In recent months and days we have again been witnessing the refugee generating potential of conflict situations, especially in the North of the African continent, and have noted UNHCR’s involvement therein.
Distinguished guests,
The obligations of the host country exist side by side with the responsibilities of refugees while they reside in that country.
You may be aware that South Africa has been a receiving country for refugees from the region, the continent and indeed from as far away as Bangladesh and Pakistan.According to the High Commissioner for Refugees in 2010, South Africa has of late become the largest recipient of individual asylum seekers in the World. As a developing middle income country, South Africa now has more asylum seekers to deal with than all 27 countries of the European Union combined.
Although we remain committed to ensuring the rights, humanity and the very dignity of those who seek refuge on our shores, we know that the life of a refugee is difficult, fraught with uncertainty and the feelings of being sub-human.
It is for this reason that the Department of Home Affairs has recently taken to Parliament amendments to the Refugee Act (1988). These amendments once assented into law are intended to streamline the processes of application for asylum by making it more efficient, easy and credible for those who seek our protection. At the same time, we will be very strict with those who are abusing the asylum system.
Amongst others, we are now proposing that committees consisting of members with different expertise required to adjudicate applications for asylum will do so efficiently while restoring the integrity of the process. We are also proposing an Appeals Authority which can meet simultaneously in groups at different centres to consider applications which will go a long way towards expediting processes. The implementation of such proposals will cut short the waiting period and it will be easy to reconcile the findings of the committee as well as the determination of the Director-General in terms of the decision taken. Those who appeal unsuccessfully will be deported to their countries of origin.
In terms of the amendment a child born of an asylum seeker can be registered in terms of the Births and Deaths Registration Act provided the birth certificate is submitted at any Refugee Reception Office in order to have the said child included as a dependent of such asylum seeker or refuge. Finally the amendment will ensure that refugee status granted erroneously by the Status Determination Committee “in good faith” or “in bad faith” may be withdrawn.
Distinguished guests,
While we await the assenting into law of these amendments as well as the finalisation of the regulations that will govern their implementation, we have in the meantime initiated a process of overhauling the Asylum Seeker Management Process. This seeks to holistically address challenges related to the management of asylum seekers with a view to ensuring we continue to honour of international obligations.
Now that I have outlined what government will do to ensure and protect the rights of refugees, what is it that refugees are obliged to do?
Firstly, and perhaps most importantly, refugees must comply with South Africa’s immigration laws.Although we are bound by international conventions on the rights and protection of refugees, we also have our own laws governing how we respond to refugees.
Therefore, in terms of amendments to our Immigration Act which are currently before Parliament, foreign nationals claiming asylum from political and social persecution must report to a Refugee Reception Office within five days of entering the country.
With a view to ensuring this is made easier to comply with, we are in the process of reviewing the location of our Refugee Reception Offices. Once we have concluded all the preparatory work and feasibility studies, we will communicate our decision to all our stakeholders including the media.
Another significant element of our amendments to our Immigration Act will be the application of the “first safe country” principle. This is an internationally accepted principle.
We are however aware that a significant amount of those who arrive at our borders claiming asylum are in fact, seeking economic opportunities. They are fleeing from economic persecution - deprivations from, amongst others, food, education, healthcare and financial stability. It is in recognition of this reality that we will be reviewing the policy and regulatory framework to manage economic migration to ensure we become more responsive to current conditions.
Finally, refugees are obliged to adhere to the domestic laws of their host countries.
This includes not engaging in criminal activities of any kind. Corruption and bribery to obtain a permit enabling you to remain in this country or the transgression of our immigration laws will lead to your deportation. Should it further be proven that your permit was obtained fraudulently, it will be withdrawn and you will be deported.
If a refugee is witness to a corrupt or illicit activity, he or she should immediately report the matter to a law enforcement officer or if the activity is conducted within the Refugee Reception Office or its precinct, the matter should be reported to the supervisor of the office or on the Department of Home Affairs’ Anti-Corruption Hotline.
Government is convinced that working together, we can ensure that the rights of refugees are protected and their dignity restored while we can fulfil our international obligations in line with our commitment to being a good international citizen.
I thank you.
Address by Home Affairs Deputy Minister Fatima Chohan on the commemoration of World Refugee Day, Yeoville Recreation Centre, Johannesburg
